Hearl & Digby

The proceeding involved an application by the second and third respondents for costs arising from a hearing on 22 May 2020. The applicant, Hearl & Digby, was also a party to the proceeding. The matter came before Justice Wilson.

The primary legal issue before the court was whether the second and third respondents should be awarded their costs for the hearing on 22 May 2020, and if so, on what basis (indemnity or party-party). A secondary issue concerned the listing of the proceeding for trial.

Justice Wilson refused the application for costs made by the second and third respondents. The court did not provide detailed reasons for this refusal in the provided text, but the decision indicates a departure from the usual rule that costs follow the event. The proceeding was otherwise ordered to remain listed for trial on 1 February 2021, with a time allocation of no more than eight days.